S T A T E O F N E W Y O R K
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1224
2017-2018 Regular Sessions
I N A S S E M B L Y
January 11, 2017
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Introduced by M. of A. ROZIC, ABINANTI, ARROYO, COOK, GOTTFRIED, JAFFEE,
KAVANAGH, M. G. MILLER, MOSLEY, O'DONNELL, PAULIN, PICHARDO, SEAWRIGHT
-- Multi-Sponsored by -- M. of A. GLICK, RIVERA, SEPULVEDA, SIMON --
read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to establishing
the safe homes act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "safe homes
act".
§ 2. Section 140.10 of the criminal procedure law is amended by adding
a new subdivision 6 to read as follows:
6. (A) A POLICE OFFICER WHO RESPONDS TO A REPORT OF A FAMILY OFFENSE
AS DEFINED IN SECTION 530.11 OF THIS CHAPTER AND SECTION EIGHT HUNDRED
TWELVE OF THE FAMILY COURT ACT MAY, IN THE INTEREST OF PUBLIC SAFETY,
TAKE TEMPORARY CUSTODY OF ANY FIREARM, RIFLE, ELECTRONIC DART GUN, ELEC-
TRONIC STUN GUN, DISGUISED GUN, IMITATION WEAPON, SHOTGUN, ANTIQUE
FIREARM, BLACK POWDER RIFLE, BLACK POWDER SHOTGUN, OR MUZZLE-LOADING
FIREARM THAT IS IN PLAIN SIGHT OR IS DISCOVERED PURSUANT TO A CONSENSUAL
OR OTHER LAWFUL SEARCH, AND SHALL TAKE TEMPORARY CUSTODY OF ANY SUCH
WEAPON THAT IS IN THE POSSESSION OF ANY PERSON ARRESTED FOR THE COMMIS-
SION OF SUCH FAMILY OFFENSE OR SUSPECTED OF ITS COMMISSION. AN OFFICER
WHO TAKES CUSTODY OF ANY WEAPON PURSUANT TO THIS PARAGRAPH SHALL ALSO
TAKE CUSTODY OF ANY LICENSE TO CARRY, POSSESS, REPAIR AND DISPOSE OF
SUCH WEAPON ISSUED TO THE PERSON SUSPECTED OF SUCH FAMILY OFFENSE. THE
OFFICER SHALL DELIVER SUCH WEAPON AND/OR LICENSE TO THE APPROPRIATE LAW
ENFORCEMENT OFFICER AS PROVIDED IN PARAGRAPH (F) OF SUBDIVISION ONE OF
SECTION 265.20 OF THE PENAL LAW.
(B) UPON TAKING CUSTODY OF WEAPONS OR A LICENSE DESCRIBED IN PARAGRAPH
(A) OF THIS SUBDIVISION, THE RESPONDING OFFICER SHALL GIVE THE OWNER OR
PERSON IN POSSESSION OF SUCH WEAPONS OR LICENSE A RECEIPT DESCRIBING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A LBD00432-01-7
A. 1224 2
SUCH WEAPONS OR LICENSE AND INDICATING ANY IDENTIFICATION OR SERIAL
NUMBER ON SUCH WEAPONS. SUCH RECEIPT SHALL INDICATE WHERE THE WEAPONS OR
LICENSE CAN BE RECOVERED AND DESCRIBE THE PROCESS FOR RECOVERY PROVIDED
IN PARAGRAPH (D) OF THIS SUBDIVISION.
(C) A WEAPON DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION THAT IS
UTILIZED IN THE COMMISSION OF AN OFFENSE, THAT IS UNLAWFULLY POSSESSED,
OR THAT A COURT ORDERS TO BE SURRENDERED PURSUANT TO SUBDIVISION TWO OR
SUBDIVISION THREE OF SECTION EIGHT HUNDRED FORTY-TWO-A OF THE FAMILY
COURT ACT SHALL BE DECLARED A NUISANCE AS PROVIDED IN SUBDIVISION ONE OF
SECTION 400.05 OF THE PENAL LAW AND EITHER DISPOSED OF IN THE MANNER
DESCRIBED IN SUBDIVISION TWO OR RETAINED AS PROVIDED IN SUBDIVISION
THREE OF SECTION 400.05 OF THE PENAL LAW.
(D) NOT LESS THAN ONE HUNDRED TWENTY HOURS OR, IN THE EVENT THAT A
SATURDAY, SUNDAY OR LEGAL HOLIDAY OCCURS DURING SUCH PERIOD, ONE HUNDRED
FORTY-FOUR HOURS AFTER A WEAPON, OTHER THAN A WEAPON DESCRIBED IN PARA-
GRAPH (C) OF THIS SUBDIVISION, IS TAKEN INTO TEMPORARY CUSTODY AS
PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION, THE OWNER OR PERSON WHO
WAS IN LAWFUL POSSESSION OF SUCH WEAPON SHALL HAVE THE RIGHT TO ARRANGE
FOR THE SALE OR TRANSFER OF SUCH WEAPON TO A DEALER, OR TO HIMSELF OR
HERSELF, IN THE MANNER PROVIDED IN SUBDIVISION SIX OF SECTION 400.05 OF
THE PENAL LAW.
§ 3. This act shall take effect immediately.